CHAGRIN RIVER WATERSHED PARTNERS, INC. Lower Main Branch and East Branch Streambank Stabilization and Grassed Filter Strip Project

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1 CHAGRIN RIVER WATERSHED PARTNERS, INC. Lower Main Branch and East Branch Streambank Stabilization and Grassed Filter Strip Project REQUEST FOR PROPOSALS August 4, 2014 SECTION A: SUPPLIES OR SERVICES AND PRICES/COSTS Chagrin River Watershed Partners, Inc. (CRWP) is seeking a contractor to complete design and construction of approximately eight (8) to twelve (12) streambank stabilization projects and grassed filter strip projects as applicable on mostly residential properties in the Lower Main and East Branch subwatersheds of the Chagrin River. This project is partially funded under a Great Lakes Basin Program (GLBP) for Soil Erosion and Sediment Control grant administered by the Great Lakes Commission (GLC). The remaining funding will come from individual property owners as cost share. This contract will include providing assistance to Chagrin River Watershed Partners, Inc. (CRWP), Geauga County Soil and Water Conservation District (SWCD), Lake SWCD, and property owners. The total maximum/price for design and build performance under this contract is $225,488. Due to the cost share aspects of this project, the total/maximum price is divided accordingly: $180,000 to stabilize 1,800 linear feet of streambank. 75% of the cost of each project (up to $75/linear foot) will be funded through the grant. The remaining 25% (approximately $25/linear foot or more as agreed upon) will be funded by the individual property owners. $7,248 to install six (6) acres of grassed filter strips as applicable adjacent to the streambank stabilization projects. 25% of the cost of each project (up to $302/acre) will be funded through the grant. The remaining 75% (approximately $906/acre or more as agreed upon) will be funded by the individual property owners. $38,240 is grant-provided funds allocated directly to design activities. The contractor will assist CRWP and Geauga and Lake SWCDs with site visits to gain comprehensive knowledge of current conditions and provide a cost estimate for the individual landowners. Landowners will then sign a cost share agreement with CRWP to ensure that they will proceed with final design and installation of the project. Landowners will deposit their cost share funds with CRWP who will then pay the contractor the total amount (grant funds plus individual landowner cost share funds) for each installed project. The maximum amount of $225,488 for design and build performance shall not be exceeded under any circumstances unless written authorization is obtained from CRWP. The contractor shall furnish all necessary drawings, plans, cost estimates, labor, equipment, and construction oversight services to complete the project scope of services.

2 SECTION B: DESCRIPTION The Lower Main and East Branch subwatersheds of the Chagrin River include portions of the following Geauga and Lake County communities: Chardon Township, City of Chardon, Eastlake, Kirtland, Kirtland Hills, Mentor, Munson, Waite Hill, and Willoughby. The streams in these areas contribute large amounts of sediment to the Chagrin River due to streambank erosion, slope failure, and suspended solids carried in stormwater runoff. The project goal is to stabilize 1,800 linear feet of streambank and to install six (6) acres of grassed filter strips at 100 feet in width. Streambank stabilization is targeted at primary headwater streams and small tributaries with drainage areas of less than two (2) square miles altered by riparian corridor removal and conversion to non-woody vegetation. Prioritization will be given to coldwater primary headwater streams or tributaries to streams that do not meet water quality standards. CRWP and Geauga and Lake SWCDS have completed initial site visits to grant-eligible properties. The contractor will assist CRWP and project partners with final site selections and conceptual cost estimates. CRWP will select a contractor to design and build streambank stabilization projects and grassed filter strip projects on private properties in the Lower Main Branch and East Branch subwatersheds of the Chagrin River. CRWP anticipates between eight (8) to twelve (12) individual sites will require streambank stabilization design-build projects and grassed filter strip design-build projects as applicable. The final number of design-build projects is dependent on landowner interest in the program. All designs will meet accepted natural channel design specifications and approved engineering standards from the Natural Resources Conservation Service (NRCS) Field Engineering Handbook and applicable Ohio NRCS Conservation Practice Standards. Contractors must first consider soft engineering and restoration practices such as grading and vegetation before incorporating structural measures into the designs. The contractor will also provide cost estimates for each of the design sites. Based on the use of soft engineering practices, construction costs should not exceed $100 per linear foot of streambank for each project site. If streambank stabilization construction costs that exceed $100 per linear foot are necessary or requested by the landowner, the landowner must agree to pay the exceeded amount in addition to their 25% cost share amount. For grassed filter strips, construction costs should not exceed $1,208 per acre. If grassed filter strip construction costs that exceed $1,208 per acre are necessary or requested by the landowner, the landowner must agree to pay the exceeded amount in addition to their 75% cost share amount. SECTION C: CONTRACTOR SCOPE OF SERVICES AND SCHEDULE Through this Request for Proposals, CRWP will select a contractor to survey and assist with selection of potential project sites, develop streambank stabilization and/or grassed filter strip designs, and construct each project. A summary of the contractor scope of services and proposed schedule are as follows:

3 CONTRACTOR SCOPE OF SERVICES 1. With CRWP, Geauga SWCD, and Lake SWCD staff, and with permission from property owners, visit project sites to gain comprehensive knowledge of current conditions and provide preliminary cost estimates. 2. Prepare restoration design plans, drawings, and cost estimates for each site that shall include a grading plan, stream bed profile, bankfull width and floodplain cross sections, riparian area restoration planting plan, and details of streambank stabilization practices necessary to facilitate appropriate construction and approval by permitting agencies. Designs must consider soft engineering practices and meet accepted natural channel design specifications and approved engineering standards for Streambank and Shoreline Protection in Chapters one (1) and sixteen (16) of the NRCS Engineering Field Handbook and Ohio NRCS Conservation Practice Standard Codes 580 and 383 as applicable. Contractor must prepare and provide completed NRCS Job Sheet 580, Stream Channel Classification, for each streambank stabilization project. Contractor must prepare and provide completed Ohio NRCS Job Sheet 393, Filter Strip Conservation Practice Job Sheet, and deliverables listed in the Ohio NRCS Filter Strip (393) Statement of Work. Designs must consider use of onsite materials such as trees, aggregates, and soil for use in streambank stabilization projects as feasible. Designs must identify potential onsite spoil areas as feasible. Designs must consider stabilization activities or items that landowners could assist with or contribute to lower costs as feasible. Designs must minimize construction staging costs and tree removal costs as feasible. 3. Calculate severity of streambank erosion and estimated sediment reduction over the life of the practice (20 years) using the Bank Erosion Hazard Index for each design site. 4. Provide all information and secure, on behalf of each of the landowners, all necessary local, state and federal permits for the project. CRWP will assist with permitting as necessary. 5. Streambank stabilization and riparian and floodplain restoration activities should avoid wetlands to the greatest extent possible. If any wetlands are impacted as a result of this project, any mitigation will be completed on site and included as a part of the build projects. 6. Erosion and sediment discharge must be controlled throughout the construction process in accordance with the Ohio EPA construction general permit and the communities in which construction is done. Coordinate with Geauga and Lake SWCDs regarding control of erosion and sediment. 7. Coordinate with CRWP regarding compliance with potential riparian and wetland setback ordinances. 8. Any areas disturbed for construction access and staging must be restored to former condition at the close of the projects. 9. Projects should restore impaired waters or segments of impaired waters and look as natural as possible along the restored stream(s). 10. All materials, reports, surveys, delineations, plans, etc. will be available to CRWP, Geauga and Lake SWCDs, and property owners to use for educational materials and

4 signage, grant documentation and reporting, and permitting. 11. All materials and each part or detail of work shall be subject to inspection by CRWP. 12. Communicate with CRWP regarding the construction schedule and any significant changes to the schedule with a two week lead time. 13. Coordinate with CRWP, Geauga and Lake SWCDs, and property owners as necessary. 14. Complete construction by September 15, SCHEDULE August 25, 2014: Proposals must be received by CRWP by 5:00 pm. September 1, 2014: CRWP anticipates award of contract. September 1, 2014 September 15, 2015: Complete site visits, prepare design materials, assist CRWP with permitting materials, and construct projects. SECTION D: APPLICABLE STATE AND FEDERAL REQUIREMENTS In the performance of the duties and obligations under the GLC Grant Agreement, the contractor and its subcontractors shall comply with all applicable: 1. Ohio Governor Executive Orders; 2. Federal, state and local laws, regulations (rules), assurances, orders, and Ohio Department of Commerce Prevailing Wage Guidelines, regarding prevailing wages, deductions, worker compensation, taxes, social security and unemployment, compensation, and any contributions thereto; and 3. Federal state, and local laws and regulations (rules, ordinances), assurances, and orders, whether or not specifically referenced herein. ADDITIONAL REGULATIONS Pursuant to the special provisions of the contract between CRWP and GLC, the contractor agrees to comply with the following regulations, as applicable. (The full text of Code of Federal Regulations reference may be found at 1) 7 CFR Section , General Provisions for Grants and Cooperative Agreements with Institutions of Higher Education, Other Nonprofit Organizations, and Hospitals 2) 7 CFR Part 3016, Uniform Administrative Requirements for Grant and Cooperative Agreements to State and Local Governments 3) 7 CFR Part 3017, Government-wide Debarment and Suspension (Non-procurement) 4) 7 CFR Part 3018, New Restrictions on Lobbying 5) 7 CFR Part 3019, Uniform Administrative Requirements for Grant and Other Agreements with Institutions of Higher Education, Hospitals, and Nonprofit Organizations 6) 7 CFR Part 3021, Government-wide Requirements for Drug-Free Workplace (Financial Assistance) 7) 7 CFR Part 3052, Audits of States, Local Governments, and Nonprofit Organizations

5 8) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations 9) Office of Management and Budget (OMB) Circular No. A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments (including Indian Tribal governments) 10) 2 CFR Part 25, Universal Identifier and Central Contractor Registration 11) 2 CFR Part 170, Reporting Subaward and Executive Compensation Information 12) Public Law , Federal Funding Accountability and Transparency Act of ) 2 CFR Section 175, Award Term for Trafficking in Persons SECTION E: REQUIRED CONTRACT CONDITIONS ACKNOWLEDGEMENT The contractor will credit the Great Lakes Basin Program for Soil Erosion and Sediment Control and CRWP in all written materials. NON-COMPLIANCE In the event of the contractor s non-compliance with the non-discrimination clauses of this contract, this contract may be canceled, terminated, or suspended in whole or in part. INDEPENDENT CAPACITY OF CONTRACTOR The parties hereto agree that the contractor, and any agents and employees of the contractor, in the performance of this agreement, shall act in an independent capacity and not as officers, employees, or agents of CRWP or the GLC. Nothing in this Agreement shall be construed so as to create a partnership, joint venture, or other relationship between the parties. LIABILITY AND INDEMNIFICATION The contractor agrees to indemnify and to hold CRWP, Lake SWCD, Geauga SWCD, other project partners, and landowners harmless and immune from any and all claims for injury or damages arising from this Agreement which are attributable to contractor s own actions or omissions or those of its trustees, officers, agents, employees, subcontractors, suppliers, third parties by contractor, or joint venturers while acting under this Agreement. In no event shall either party be liable to the other party for indirect, consequential, incidental, special, or punitive damages, or lost profits. The contractor agrees to indemnify, defend, and hold harmless the GLC and its Member States agents, officers, and employees from all costs, losses, damages, claims, and suits including court costs, attorney s fees and other expenses arising from any negligent act or omission of the contractor, CRWP, Geauga SWCD, Lake SWCD, NRCS, other project partners, and landowners. CONTRACTOR S LIABILITY Contractor waves all rights against the GLC and CRWP for recovery of damages to the extent these damages are covered by the insurance policies the contractor is required to maintain. The contractor is required to pay for and provide the following minimum coverage:

6 1. Throughout the contract period, the contractor shall carry Workers' Compensation Insurance, as required by the Ohio Workers' Compensation Act, upon all its employees engaged in this work and shall be responsible to see that any sub-contractors carry such insurance on their employees. The contractor shall also provide public liability and property damage insurance for the entire period, thus insuring the interests of all parties against any and all claims that may arise out of contractor operations under the terms of this contract. It is agreed that in the event any carrier of such insurance exercises cancellation, notice will be made immediately to CRWP of such cancellation. 2. Commercial General Liability with the following minimum coverage: $2,000,000 General Aggregate Limit other than Products/Completed Operations $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurrence Limit Contractor must list the GLC as an ADDITIONAL INSURED on the Commercial General Liability certificate. The contractor must provide a certificate of insurance coverage to CRWP. 3. If a motor vehicle is used to provide services or products, the contractor must have vehicle liability insurance on any auto owned, hired, and non-owned vehicle used for bodily injury and property damage as required by law. 4. Employers liability insurance with the following minimum limits: $100,000 each accident $100,000 each employee by disease $500,000 aggregate disease TRANSFER OF RECORDS Data shall be collected and formatted in a manner consistent with common good engineering practices. All records (original tracings, maps, field sketches, minutes of public meetings, meeting summaries, etc.) generated by the project shall be the property of CRWP and shall be turned over to CRWP upon completion or as directed. NON-DISCRIMINATION The contractor agrees to comply with all federal, state and local statutes, regulations, Executive Orders, and policies on nondiscrimination including but not limited to, Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Americans with Disabilities Act, and the Fair Housing Act. Specifically, no person in the United States shall, on the ground of race, color, national origin, handicap, age, religion, sex, or sexual orientation, be excluded from participation in, be denied the benefits of, or be subject to discrimination under this Project. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during their employment, without regard to their race, religion, color, sexual orientation, sex, or national

7 origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. SECTION F: INSTRUCTION TO OFFERERS PROPOSAL FORMAT In responding to this RFP, please submit four (4) complete hardcopies and one (1) digital copy of a proposal addressing the following items: 1. Description of contractor s Understanding of the Project, including an understanding that the proposal assumes the maximum number of projects will be designed and constructed. 2. Description of Services to be Performed. 3. Demonstration of Experience. 4. Assumptions and Expectations. 5. Cost Proposal. Please provide a cost proposal including total hours available, hours per staff, and direct labor by labor category, overhead and other direct costs, and profit. This project is cost reimbursable up to a maximum of $225,488 and is dependent upon individual landowner interest. 6. Proposed project schedule identifying milestones, deliverables, and key coordination meetings. Include current workload and schedule of proposed project in consideration of that workload. 7. Personal Experience and Resumes of Personnel. 8. Three (3) References. SELECTION AND AWARD PROCESS The selection process will involve screening of submitted proposals and interviews may be requested. CRWP will select a contractor on the basis of contractor qualifications, experience, understanding of the scope of services, and level of services to be provided. If interested, please submit four (4) complete hardcopies and one (1) digital copy of a proposal to the address below. Submissions must be received at CRWP s offices no later than 5:00 pm on August 25, Proposals received after this date will not be accepted. CRWP expects to award the contract by September 1, Work will commence after successful execution of a contract for services between the contractor and CRWP. All work under this contract, including invoices, must be complete and delivered to CRWP by September 15, Please direct questions about this RFP to Kristen Buccier at kbuccier@crwp.org or Responses to this RFP must be sent to: Chagrin River Watershed Partners, Inc. P.O. Box 229 Willoughby, OH